The employee claimed that she had been sexually harassed by her manager. In the course of her evidence the employers sought to cross-examine her as to her general attitude towards sexual matters, based on events which had occurred during the course of her employment. She denied the allegations put to her. The employers then sought to call evidence to establish the truth of those allegations; the employee objected. The Tribunal decided in the employers’ favour.
Held: The tribunal’s decision was upheld. The evidence ought to be called, save insofar as it went only to establish an atmosphere of prejudice, was relevant both to the issue of credibility and to the issue of the extent of the alleged detriment and injury to feelings sustained by the employee.
The EAT doubted (obiter) the validity of the proposition in Rosedale that an Employment Tribunal has no power to exclude evidence which is admissible: ‘We have doubts about the validity of this proposition, because as we have said earlier in this judgment, our opinion is that the power extends in some cases to the exclusion of evidence which strictly may be admissible. In Rosedale Mouldings [1980] IRLR 387 the wrongly excluded evidence was highly probative and there was no room for balancing prejudice against probative value.’
Judges:
Kilner Brown J
Citations:
[1987] IRLR 397
Statutes:
Industrial Tribunals (Rules of Procedure) Regulations 1985 Sch 1 8(1)
Citing:
Doubted (obiter) – Rosedale Ltd v Sibley EAT 1980
The tribunal had ruled that a document sent by a Union District Secretary to head office claiming dispute benefit for the Claimant and other employees of the Appellant employer; although admissible in evidence at common law, would not be received . .
Cited by:
Cited – Krelle v C Ransom Tradeteam Ltd EAT 27-Jan-2006
EAT Unfair Dismissal: Reason for Dismissal including Substantial Other Reason:
Practice and Procedure: Appellate Jurisdiction / Reasons / Burns-Barke
ET did not state what acts or omissions . .
Cited – Digby v East Cambridgeshire District Council EAT 30-Nov-2006
EAT Unfair dismissal – Reasonableness of dismissal
Practice and Procedure – Admissibility of evidence
Total exclusion of evidence relating to final written warning inextricably linked with sanction of . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 15 May 2022; Ref: scu.393372
